The federal benefits that are exempt from garnishment include:
" Social Security Benefits
" Supplemental Security Income (SSI) Benefits
" Veterans' Benefits
" Civil Service and Federal Retirement and Disability Benefits
" Military Annuities and Survivors' Benefits
" Student Assistance
" Railroad Retirement Benefits
" Merchant Seamen Wages
" Longshoremen's and Harbor Workers' Death and Disability Benefits
" Foreign Service Retirement and Disability Benefits
" Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
" Federal Emergency Management Agency Federal Disaster Assistance.
Other exempt funds include:
" unemployment income,
" some social security disability income payments,
" some workman's compensation payments, and
" some joint account funds if the account is held by spouses as tenants by the entirety and the judgment is against only one spouse.
Even if the bank account is in just your name, there are some types of funds that are considered "exempt" from debt collection under state or federal law. The rationale behind these laws is to allow people to preserve the basic necessities for living. Exempt funds remain exempt when deposited in checking, savings or CD accounts so long as they are readily available for the day to day needs of the recipient and have not been converted into a "permanent investment."
Oregon Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment In Oregon, individuals facing a writ of garnishment have the option to file a motion to discharge or quash the writ, especially if the funds being targeted are protected by law from garnishment. These motions allow defendants to contest the garnishment and protect their exempt funds. Here, we will delve into the intricacies of Oregon's Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment. Types of Oregon Motion of Defendant to Discharge or Quash Writ of Garnishment: 1. Writ Discharge Motion: This motion seeks the dismissal of the garnishment writ for various valid reasons, such as improper service, lack of jurisdiction, or incorrect legal procedures. It aims to bring attention to any deficiencies in the garnishment process that could render the writ invalid. 2. Writ Quash Motion: Similar to the discharge motion, to quash motion challenges the garnishment writ's validity but focuses on different grounds. It argues that the writ should be nullified due to irregularities, errors in the judgment, or factual inaccuracies, among other relevant reasons. 3. Notice of Motion — Funds Exempt by Law from Garnishment: This notice serves as a declaration to inform the court that the funds targeted for garnishment are protected by law and therefore exempt from such actions. It outlines the specific legal provisions that safeguard certain types of income or assets, preventing their seizure through the garnishment process. Keywords to consider for relevant content: — Oregon garnishment law— - Writ of garnishment — Defendant's rights in garnishment cases — Challenging a garnishment writ in Oregon — Motion to discharge or quash garnishment — Grounds for dismissal of a garnishment writ — Improper service of garnishment documents — Lack of jurisdiction in garnishment cases — Errors in garnishmenjudgmenten— - Notice of Motion — Funds exempt frogarnishmenten— - Exempt income and assets in Oregon — Protecting exempt funds in garnishment cases Remember, seeking legal counsel or referring to the official Oregon statutes and rules of civil procedure is crucial for individuals dealing with a garnishment writ, as specific requirements may vary depending on the circumstances and the applicable laws.
